The eastern zone regional committee meeting of AIACEGEO was held at Bhubaneswar on 27.12.2013. The representatives of all units falling under the jurisdiction of eastern region such as Bhubaneswar, Kolkata, Shillong & Patana, Ranchi and Jamshedpur had attended the meeting. All the representatives congratulated the AIB for approval of CR with 3107 nos.of Gr-A posts and described that this is a very big achievement of AIACEGEO. Like North & South zones regional committee meetings, it was also unanimously resolved that “ promotions to AC posts in 13.2.1 ratio are to be granted on the basis of the seniority list of feeder categories as per the prevailing practice and RRs. The minutes of the meeting will be issued by Shri V.N.Jha,the regional secretary of eastern zone.
However after meeting was over , in a press statement , Lokanath Mishra , President AIACEGEO has raised the following issues for immediate settlement by CBEC;
1. In the Cadre Restructuring - 2013 of CBEC (notified on 18.12-2013 vide CBEC F.NoA.11019/08/2013-Ad.IV dated 18 12.13 ), 489 supervisory posts ( Principal CC to JC) have been created whereas 500 posts (regular ) have been created at the cutting edge level i.e. DC/AC. The consequential vacancies at the level of AC ( regular) will be 989 ( 489 + 500), which is proposed to be filled-up @ 50% by promotion and 50% by Direct Recruitment in accordance with the RRs. In effect, majority of these posts are going to remain unfilled for next three to 12 years. Particularly, in F.Y.s 2013-14 and 2014-15, only 484 vacancies are likely to be filled by way of promotions as the corresponding 485 DR vacancies will actually be available only within 12 years as recruitment process of UPSC cannot commence before Feb, 2015 . Further, as on date there are around 250 vacant posts of AC on direct quota and during next 10 years around 1000 nos.of regular posts ( approximately 100 nos. for each and every year)will be lying vacant . For effective cadre management and as per UPSC norms the ideal DR quota shall be around 150 per year and UPSC will not be inclined to recruit more. Hence approximately 12 years will be required to fill up all such posts ( 250 +485+ 1000 = 1735)by UPSC. Accordingly, a good nos.of AC posts are remain vacant for next 12 years. Further, as per DOPT OM No. No. I-11011/1/2009-CRD dated 14-12-210 “The Cadre Controlling Authorities are, however, advised not to resort to any bulk recruitment as it would create a bulge in the structure leading to stagnation at later stage. This may be kept in view while projecting recruitment planning.” It is surprising to note that as to how CBEC lost sight of such important advice of DOPT. . Keeping a large number of posts vacant, in the grade of AC for a period of 12 years is bound to adversely affect the revenue collections and result in tardy Tax Payer Service. Besides, it will create a real bottleneck directly affecting promotion prospects of Gr-B Gazetted officers of Central Excise and Customs Department, , the feeder cadres for AC. Stagnation level in the grade of Superintendent of Central Excise is presently nearly 20 years. It will be increased to 24 years in the coming years and will be resulted that many Superintendents will retire without joining in Gr-A. . Thus, the present scheme of filling-up 989 posts of AC in the ratio of 50% by Promotion and 50% by Direct Recruitment, will have demoralizing effect on more than 90% officers at the cutting edge level (Gr-B Gazetted). If such large number of posts at cutting edge level are kept vacant, it is anybody’s guess as to how the promised growth in revenue collections in the coming years will be achieved. We are sure that these intricacies would not have been duly highlighted in the proposals submitted by the CBEC. Here it is pertinent to mention that Cadre Restructuring is for those who are already in service & not for those who are in college and likely to join service in future i.e. 5/12 years. In Cadre Restructuring - 2002 it is inter alia clearly mentioned in the cabinet note that “it is alignment with the policy of Govt. which lays down the objective of cadre review as the achievement of congruence between functional needs of the department and legitimate aspirations of the staff. Accordingly, cabinet approved the CR during 2002 for filling up of vacancies of all newly created posts by promotion and not through recruitment from open market. Cabinet approved for a one-time relaxation to the recruitment rules ,therefore all vacancies at all levels, arising as a consequence of the restructuring, were filled by promotion from the feeder cadres . Therefore now it is required to allow 100% promotions in the ensuing CR to all feeder categories in the JTS as well as chain vacancies in JTS arising due to promotions against additional posts created at higher levels and it must be in one go, as is proposed to be done in the CR-2002.
4. Since the ratio for promotions as per RRs is required to be revised on the basis of cadre strength of feeder categories, therefore the IRS (C & CE) Recruitment Rules 2012 is also required to be amended immediately with a provision for removal of intra cadre ( including inter cadre) disparity in promotions as existed in our cadres. Further the RRs are required to be amended to provide promotions directly to STS(DC) posts from the cadre of Superintendent of Central Excise like CSS service.
However after meeting was over , in a press statement , Lokanath Mishra , President AIACEGEO has raised the following issues for immediate settlement by CBEC;
1. In the Cadre Restructuring - 2013 of CBEC (notified on 18.12-2013 vide CBEC F.NoA.11019/08/2013-Ad.IV dated 18 12.13 ), 489 supervisory posts ( Principal CC to JC) have been created whereas 500 posts (regular ) have been created at the cutting edge level i.e. DC/AC. The consequential vacancies at the level of AC ( regular) will be 989 ( 489 + 500), which is proposed to be filled-up @ 50% by promotion and 50% by Direct Recruitment in accordance with the RRs. In effect, majority of these posts are going to remain unfilled for next three to 12 years. Particularly, in F.Y.s 2013-14 and 2014-15, only 484 vacancies are likely to be filled by way of promotions as the corresponding 485 DR vacancies will actually be available only within 12 years as recruitment process of UPSC cannot commence before Feb, 2015 . Further, as on date there are around 250 vacant posts of AC on direct quota and during next 10 years around 1000 nos.of regular posts ( approximately 100 nos. for each and every year)will be lying vacant . For effective cadre management and as per UPSC norms the ideal DR quota shall be around 150 per year and UPSC will not be inclined to recruit more. Hence approximately 12 years will be required to fill up all such posts ( 250 +485+ 1000 = 1735)by UPSC. Accordingly, a good nos.of AC posts are remain vacant for next 12 years. Further, as per DOPT OM No. No. I-11011/1/2009-CRD dated 14-12-210 “The Cadre Controlling Authorities are, however, advised not to resort to any bulk recruitment as it would create a bulge in the structure leading to stagnation at later stage. This may be kept in view while projecting recruitment planning.” It is surprising to note that as to how CBEC lost sight of such important advice of DOPT. . Keeping a large number of posts vacant, in the grade of AC for a period of 12 years is bound to adversely affect the revenue collections and result in tardy Tax Payer Service. Besides, it will create a real bottleneck directly affecting promotion prospects of Gr-B Gazetted officers of Central Excise and Customs Department, , the feeder cadres for AC. Stagnation level in the grade of Superintendent of Central Excise is presently nearly 20 years. It will be increased to 24 years in the coming years and will be resulted that many Superintendents will retire without joining in Gr-A. . Thus, the present scheme of filling-up 989 posts of AC in the ratio of 50% by Promotion and 50% by Direct Recruitment, will have demoralizing effect on more than 90% officers at the cutting edge level (Gr-B Gazetted). If such large number of posts at cutting edge level are kept vacant, it is anybody’s guess as to how the promised growth in revenue collections in the coming years will be achieved. We are sure that these intricacies would not have been duly highlighted in the proposals submitted by the CBEC. Here it is pertinent to mention that Cadre Restructuring is for those who are already in service & not for those who are in college and likely to join service in future i.e. 5/12 years. In Cadre Restructuring - 2002 it is inter alia clearly mentioned in the cabinet note that “it is alignment with the policy of Govt. which lays down the objective of cadre review as the achievement of congruence between functional needs of the department and legitimate aspirations of the staff. Accordingly, cabinet approved the CR during 2002 for filling up of vacancies of all newly created posts by promotion and not through recruitment from open market. Cabinet approved for a one-time relaxation to the recruitment rules ,therefore all vacancies at all levels, arising as a consequence of the restructuring, were filled by promotion from the feeder cadres . Therefore now it is required to allow 100% promotions in the ensuing CR to all feeder categories in the JTS as well as chain vacancies in JTS arising due to promotions against additional posts created at higher levels and it must be in one go, as is proposed to be done in the CR-2002.
2. Due to creation of more nos.of posts in DC/JC/ADC grades, many posts of DC/JC/ADC grades will be lying vacant due to non-availability of eligible officers as per RRs. Hence it is required to down grade all such vacant posts under Rule 254 of General Financial Rules, 2005 which reads as under:
" Adjustment in Appointments: A ministry or department competent to make appointment to posts in any cadre may make appointments in a lower post in the cadre to the extent vacancies left unfilled in the higher posts."
3.. Further the promotional prospects of Superintendents of Central Excise were adversely affected due to the fixation of 6.1.2 ratio in old RRs as per the verdict of Apex Court. The Apex Court pronounced such decisions in W(C) No 306/88 without any judicial determination and by virtue of such decisions one of the feeder categories namely Appraisers of Customs got undue benefits in promotions since 1988 to 2011.Though by virtue of Apex Court decisions dated 03.08.11 the ratio has been revised to 13.2.1 , however Board declined to make regularization of all adhoc promotions pending in the grade of AC since 1997 in revised ratio despite the verdict of Apex court on dated 03.08.11. By virtue of such undue benefit ,while the Appraisers of 2002 batch are promoted to the post of AC, the Superintendents of 1993 batch are still Superintendents. Mainly the temporary posts have been created for removal of stagnation in the grade of Superintendent of Central Excise as per our continuance demand , agitation and representation , hence all such temporary posts are required to be filled up from the cadre of Superintendent only duly amending the RRs and not a single post should be provided to the grade of Appraiser for promotion . If Appraisers will be allowed to be promoted against the temporary posts in 13.2.1 ratio, then while 2008 batch of Appraisers will be promoted to AC, 2001 batch Superintendents of Central Excise and 2003 batch Superintendents ,Cus(P) will be AC in course of implementation of CR(CBEC)-2013 and these definitely will have demoralizing effect on more than 90% officers at the cutting edge level (Superintendents).
4. Since the ratio for promotions as per RRs is required to be revised on the basis of cadre strength of feeder categories, therefore the IRS (C & CE) Recruitment Rules 2012 is also required to be amended immediately with a provision for removal of intra cadre ( including inter cadre) disparity in promotions as existed in our cadres. Further the RRs are required to be amended to provide promotions directly to STS(DC) posts from the cadre of Superintendent of Central Excise like CSS service.
5.In para 4 of F.NoA.11019/08/2013-Ad.IV dated 18 12.13 it is interalia mentioned that 2118 temporary posts in Junior Time Scale have been created. ( the words JTS are being used) Whenever any JTS posts are created it is mandatory to create similar nos of STS posts also because from JTS to STS promotions are being granted on time bound manner, this has also been up held by CAT , Chennai in the case IRS ( promotee) officers Association vrs. UOI, therefore the words “The promotions against these vacancies shall not entail further promotion to any level beyond JTS” are required to be deleted and there should be a provision for creation of additional 2118 temporary posts of DC after 4 years. .
. .6. It is mentioned vide para 6 of the circular F.NoA.11019/08/2013-Ad.IV dated 18.12. 2013 that-" Pending notification of revised recruitment rules, wherever required the newly created/re-designated posts will be filled up on the basis of the extant Guidelines for Recruitment Rules, issued by the Department of Personnel & Training". As per para 4 of the said circular these temporary posts will be filled up only on promotion from the feeder grades specified in the India Revenue Service (Customs & Central Excise) Recruitment Rules, 2012 .
Regulation 4 to UPSC ( EFC) Regulations interalia provides that it is not necessary to consult the UPSC in regard to the selection for a temporary post if the person appointed is not likely to hold the post for a period of more than one year provided such an appointment should be reported to UPSC as soon as it is made, if the appointment continues beyond a period of six months, a fresh estimate as to the period for which the person appointed is likely to hold the post should be made and reported to the UPSC , and if such estimate indicates that the person appointed is likely to hold the post for a period of more than one year from the date of appointment , the UPSC should immediately be consulted in regard to the filling of the post.
GI.MHA.OM. NO 23/27/68- ESST(R) dated 26.12.68 read with DOPT.OM NO.23/51/71- ESST(B) dated 25.09.72 interalia provides that there is no provision for approval by UPSC for any appointment initially made without consulting them . The objective behind reporting of adhoc appointments to UPSC under regulation 4 is not to secure their concurrence to continuance of adhoc appointment beyond one year but to enable the UPSC to discharge their Constitutional responsibility to bring to the notice of Parliament.
Near about 100 nos. of Superintendents are going to be retired during the month of January, 2014, therefore it has been urged that the CBEC should conduct immediate DPC either in the month of December,2013 or 1st week of January, 2014 to fill up all the temporary posts of Asst. Commissioner from the grade of Superintendent without consulting UPSC.
7. As per DOPT guidelines, it is required for creation of 10% of cadre strength ( including temporary posts) as Leave Reserved posts( LR). Therefore it is demanded for immediate creation of Leave Reserved posts in Indian Revenue Service.
Near about 100 nos. of Superintendents are going to be retired during the month of January, 2014, therefore it has been urged that the CBEC should conduct immediate DPC either in the month of December,2013 or 1st week of January, 2014 to fill up all the temporary posts of Asst. Commissioner from the grade of Superintendent without consulting UPSC.
7. As per DOPT guidelines, it is required for creation of 10% of cadre strength ( including temporary posts) as Leave Reserved posts( LR). Therefore it is demanded for immediate creation of Leave Reserved posts in Indian Revenue Service.
8. It appears that the temporary posts have been created in course of
the ensuing CR on the basis of functional necessities as per work load. These functional necessities will be increased drastically
after 5 years, therefore there should be a clause in para 4 of the CBEC circular
dated 18.12.13 that these temporary posts may
be continued further on functional necessities basis after 5 years..
ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED
EXECUTIVE OFFICERS
President: Address for communication: Secretary
General:
Lokanath
Mishra 240,
Razapur, Ghaziabad-201001 (U.P.)
Ravi Malik
Mob.
09437314941 mail Id:
ravimalik_sweet@yahoo.comMob.
09868816290
Vice
Presidents: SampatRai, VatanKamble (Central);
Anurag Chaudhary, Ravi Joshi (North); A. Ravinder Singh, Rajan G. George
(South); A. S. Roy, Shubhrangshu Deb (East); P. D. Nimhan, S. K. Jha (West)
Joint
Secretaries: Anand Kishore, LaxmiLalSinghvi
(Central); N. N. Lal, R. K. Solanki (North); G. Srinath, S. Chandrasekar
(South); AshwiniMajhi, V. N. Jha (East); G. K. Jhala, M. K. Misra (West)
Office
Secretary: C.S.Sharma (Mob. 09313885411) Treasurer: N.R.Manda (Mob.
09871483585)
(Recognised
by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08)
Ref. No. 310/P/13
Dt. 30.12.13
IMMEDIATE
To,
Sh. P.
Chidambaram,
The Hon’ble Minister of Finance,
Govt. of India,
North Block, New Delhi.
Sub: Promotions against the existing vacancies of Asstt. Commissioner
in CBEC.
Sir,
It
is submitted with due regards that the current process of the DPC against the
existing vacancies of Asstt. Commissioner in CBEC was initiated in July, 2013. It
is also very pertinent to submit that the expected promotion for Central Excise
Superintendents is to come their way after completion of more than 20 years of
service insteadof qualifying service of 2 years. It is very unfortunate that
only 1% of our Central Excise officers are able to get the much awaited rare of
rarest IInd promotion to JTS level at the fag end of the career but they
arebeing deprived from italso and are forced to retire on regular basis without
promotion. Even more unfortunate is that the last DPC for the said post was
held in June, 2012, i.e., around one & half years ago and no DPC has been
held after that. Now, the matter is pending with the UPSC for many months.
2.
It is being learnt that the proposal of the CBEC has been turned down twice by
the UPSC on the grounds that it is not fulfilling the directives given by some
legal Court regarding some reservation issue.The future of our officers has,
thus, been blocked by repeated objections of UPSC.
3. In terms of
consolidated RR guidelines issued vide DOPT OM No. AB 14017/48/2010- Estt (RR)
Dt. 31.12.10, the UPSC needs not be associated in r/o the posts where the
promotion is based on non-selection method (Para 3.13.4), i.e., as per the
seniority with reference to the benchmark ‘not below good’ {DOPT OM No.
35034/7/97-Estt(D) Dt. 08.02.02}. The said OM dated 08.02.02 also makes it
clear that promotion by selection method is to be made with reference to the
benchmark ‘good’ and a person is not to be superseded unless found unfit by virtue
of ‘below good’ benchmark. Thus, the distinction between selection and
non-selection method for promotion has been done away as both seek promotion
based on benchmark of ‘good’.
4. Apart from aforesaid
DOPT guidelines dt. 31.12.10 providing exemption from consultation with UPSC,
the UPSC (Exemption from Consultation) Regulations, 1958 as amended seek to
provide exemption from UPSC association for promotion/recruitment to various
posts & services (all group A promotions within group A, all group B &
C posts among others) including group B officers of CSS for promotion to group
A posts by selection method (no distinction between the two methods as above).
5. In CBEC (Department of
Revenue), 50% posts in group A (JTS) or as fixed under recruitment rules are to
be filled by promotion from group B (Gazetted) officers (Superintendent of
Central Excise etc.) by the selection method, i.e., based on ‘good’ benchmark.
The association of UPSC has been made mandatory by CBEC for DPC for promotion
from group B to group A (JTS) as per the recruitment rules despite of the fact
that there exists no difference between selection and non-selection criteria of
promotion and that the counterparts of CSS have been exempted from UPSC
association vide DOPT OM dt. 30.07.08 (GSR dt. 07.10.09). It takes months to
get the dates from UPSC for DPC and the Central Excise Superintendents retire
before getting rare of rarest IInd promotion in the life.
6. Moreover, it is also
worth to mention that the said DPC is going to be held for ad hoc promotions
and, as per the DOPT guidelines, the UPSC has no role to play in the DPC for ad
hoc promotions.The DOPT has recently accorded promotion to the Section Officers
of Central Secretariat Service (CSS) to the Grade of Under Secretaryon ad-hoc basis
vide its order No. 5/8/2013-CS.I(U) dated 24.12.13 whereas repeated objections
are being raisedin our case by the UPSC.It is also submitted that CBEC has been
giving promotions to the officers even during pendency of Court cases subject
to outcome of the court verdict. The same may be followed in this case too.
7. It is,
therefore, requested that the DPC for promotion from group B to group A may
kindly be exempted from consultation with UPSCas granted to CSS & others
and the current DPC may be conducted in expeditious manner by CBEC itself. It
is worth to mention that 50% of the officers from the list of the Central
Excise Superintendents to be considered for the current DPC have already
retired and some more will retire in the end of this month without promotion.
Thanking you,
Yours faithfully,
(RAVI MALIK),
Secretary General.
Copy with the request for
necessary action to:
1) The Hon’ble MOS (R),
Department of Revenue, North Block, New Delhi.
2) The Revenue Secretary,
Department of Revenue, North Block, New Delhi.
3) The Chairperson, CBEC, North
Block, New Delhi: w.r.t. the Ref. No. 300/P/13 Dt.
22.11.13 of the Association.
(RAVI
MALIK)
ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED
EXECUTIVE OFFICERS
President: Address for
communication:
Secretary General:
Lokanath
Mishra 240,
Razapur, Ghaziabad-201001 (U.P.) Ravi Malik
Mob.
09437314941 mail Id: ravimalik_sweet@yahoo.comMob.
09868816290
Vice
Presidents: SampatRai, VatanKamble (Central);
Anurag Chaudhary, Ravi Joshi (North); A. Ravinder Singh, Rajan G. George
(South); A. S. Roy, Shubhrangshu Deb (East); P. D. Nimhan, S. K. Jha (West)
Joint
Secretaries: Anand Kishore, LaxmiLalSinghvi
(Central); N. N. Lal, R. K. Solanki (North); G. Srinath, S. Chandrasekar
(South); AshwiniMajhi, V. N. Jha (East); G. K. Jhala, M. K. Misra (West)
Office
Secretary: C.S.Sharma (Mob. 09313885411) Treasurer: N.R.Manda (Mob.
09871483585)
(Recognised
by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08)
Ref. No. 311/RR/13
Dt. 30.12.13
To,
Sh. B. K. Bansal,
Chairperson, Committee on
Recruitment Rules regarding Cadre Restructuring,
NCH, New Delhi.
Subject: Recruitment Rules regarding Cadre Restructuring.
Sir,
It is submitted with due regards that
the Superintendents of Central Excise are forced to work under their juniors of
Customs belonging to the same cadre which is against all the rules, norms &
principles of law as well as natural justice. At
present, we have a ratio of 5:4 between Central Excise stream and Customs
stream officers in group A which is contrary to their numerical strength at
feeder level, the percentage of the Customs stream officers being merely 10% at
group ‘B’ executive level. The Appraisers are merely less than 1.5% while the
Examiners are only less than 1% of total group ‘B’ executive officers.
2. Your goodself
knows very well that Central Excise executive officers are retiring merely in
PB2 while their common entry counterparts of Customs are reaching PB4 levels easily.
Central Excise executive officers are even forced to work under their juniors
of Customs recruited in the same cadre on account of the faulty &
discriminatory Recruitment Rules. No DOPT provision
says that a senior relating to same cadre should work under a junior. It
was expected that the injustice would be undone by framing the new Recruitment
Rules in the manner of not forcing a senior to work under his/her junior
following the scheme as disclosed by the CBEC during the course of the
presentation of the cadre restructuring made on 18.01.11 saying that a proposal
is already under examination to bring the Inspectors, PO’s and Examiners of
same year at par in the matter of promotions.
3. The Inspectors, PO’s & Examiners enter the job as
Inspector in the same cadre (Inspector only) subdivided by CBEC into three
categories without any justification. All of them are mentioned as Inspector in
the Recruitment Rules. As far as Customs work
is concerned, our Inspector of Central Excise is mentioned as the Inspector of
Central Excise & Land Customs in the Recruitment Rules. It clearly stipulates that he/she is recruited to perform
the duties of Customs also and he/she has already been performing the same not
only throughout the Land Customs but also on airports, border areas, coastal
areas etc. (including a lot of Excise related Customs work) and so, looking
after the bulk work of Customs (many times more than PO’s & Examiners). The
same is the position at group ‘B’ gazetted level as our Superintendent of Central
Excise is also to look equally after the work of Customs including appraisement
and already has been looking after the bulk work of Customs like Inspector. All
of 3 streams are merged at group ‘A’ entry level substantiating again that all
of 3 belong to one & the same cadre at group ‘B’ non-gazetted as well as
gazetted level. They were shown to belong to the single cadre in the last cadre
restructuring and have also been shown under the one & same column in the
notification of current restructuring without any tri-furcation in their
strength. It again substantiates that they belong to the one & same single
cadre.
4. But very disappointingly, our officers joining the job
as Inspector/Superintendent of Central Excise are placed decades behind the
officers joining the job as Examiner/Appraiser and also PO/Customs
Superintendentupto good extent due to the faulty & discriminatory Recruitment
Rules resulting into discriminatory promotional
avenues for Central Excise stream. These discriminatory promotional avenues
have already been very well admitted by the CBEC on various occasions but no
remedial steps havebeentakento undothisdiscrimination till date. This
discrimination can only be undone by framing of the Recruitment Rules to ascertain parity in promotions with common entry
counterparts.
5. The
discrimination/disparity was duly recognized and reflected by CBEC in the
minutes of Board meeting of 12.01.11 and 18.02.11also directing its HRD wing to
formulate the device to undo the prolonged injustice. As a result, it was
expected that the common entry counterparts would be brought at par in the
matter of promotions and no senior would be forced to work under any junior.
But nothing has been done till date. Even the ratio of 13:2:1 worked out by
CBEC is absolutely incorrect and not in consonance of the DOPT guidelines.
6. However as per DOPT guidelines under Para
2.2.2 of DOPT OM No. 20011/1/2008-Estt(D) dt. 11.11.10, the fixation of ratio
is not mandated in the case of small number of promotional posts as merely 1%
in our case is not only smaller even than small but it is the smallest. In the
minutes of the Board meeting held on 12.01.11 also, it was said that the mere
change in the existing ratio would be insufficient to address the situation. It
may also be seen under section 18(2)(a) of the original Indian Customs &
Central Excise Service Group ‘A’ Rules, 1987 that the vacancies to be filled by
promotion should be filled in accordance with the common seniority list of the
three group ‘B’ categories of the officers
instead of any ratio formula. It is reiterated that any ratio formula is never
able to grant “just & fair representation” because a category (Customs)
ahead of other (Central Excise) will always remain ahead even if a single
post/vacancy even out of thousands or lacs is given to it.
7. The
Recruitment Rules may kindly be framed/amended without trifurcating the cadre
at Inspector and Group ‘B’ gazetted level by prescribing the qualifying service
based on the OM No. AB-14017/61/2008-Estt.(RR)
dt. 24.03.09 of DOPT (not being followed by CBEC) which clearly stipulates the promotion of the officer completing 12, 17 & 20
years of service to the grade of JC, ADC & Commissioner respectively after
joining the job as Inspector. The validity of this OM was also admitted
by the CBEC during the presentation on cadre restructuring proposal on 18.01.11
but they showed their inability to implement the same due to the want of
required number of vacancies. But the problem of the want of the required
number of vacancies may be overcome by adopting the measures like notional
promotions, creation of supernumerary posts or even in-situ promotions as last
option. Thus, the Recruitment Rules should be framed prescribing the qualifying
services as below on the lines of above referred OM Dt. 24.03.09 of DOPT -
(i) 2 years for promotion to a
post with a grade pay of Rs. 4,800/- after joining as Inspector.
(ii) 7 years for promotion to a
post with a grade pay of Rs. 6,600/- after joining as Inspector (There is no
justification of promoting an officer from a grade pay of Rs. 5,400/- to
5,400/-. It is also submit-worthy that the most of the group ‘B’ gazetted
officers including CSS are being promoted to a senior group ‘A’ post instead of
junior group ‘A’ in Central as well as State governments.).
(iii) 12 years for promotion to a
post with a grade pay of Rs. 7,600/- after joining as Inspector.
(iv) 17 years for promotion to a
post with a grade pay of Rs. 8,700/- after joining as Inspector.
(v) 20 years for promotion to a
post with a grade pay of Rs. 10,000/- after joining as Inspector.
(vi) and so on.
8. Keeping in
view the extraordinarily acute stagnation of the Central Excise executive
officers, there should kindly be incorporated the permanent provisions in the
Recruitment Rules framed on the above lines at every level in addition to the
above qualifying services to promote (even in-situ or
otherwise) the officer automatically to the next higher grade, if
his/her stagnation in a grade reaches one & half times of qualifying
service. This will also remove the regional/zonal disparities being faced
by the officers. The draft on Recruitment Rules is enclosed herewith.
9. Apart our
strong reservations against ratio formula, it is worth to mention that the
sanctioned strength of the Appraisers is just more than double of the Examiners
which gives the opportunity to the Examiners to be promoted to the next post
within 3 years (within 2 years in the future) while our Central Excise
Inspectors even with 25 years of service are still waiting to be promoted to
the next post. Moreover, the direct recruitment of the Appraisers was stopped
in 2002 by the Cabinet but their strength has not been reduced from the total
strength of the Appraisers. So, not only the strength of the direct recruit
Appraisers (50% of the total strength of the Appraisers) is to be reduced
fromthe total strength of the Appraisers but it is also to be reduced further
to bring the standard ratio of 1:1.5 between the strength of Appraisers &
Examiners like the strength of Central Excise Superintendents & Inspectors
and also the strength of Customs Superintendents & PO's. Otherwise the
Examiner even of 2009 will also enter into group A in 2014 whilethe Central
Excise Inspector only of 1981/82 will be able to reach the stated level. The
qualifying service for further promotion from the post of Central Excise
Inspector, PO and Examiner is required to be made same.
10. As far as the imposed ratio of 13:2:1 (whether correct or incorrect?)
for promotion to group 'A' JTS is concerned, the Central Excise Superintendents
will always be at a permanent & recurring loss in r/o the filling-up of the
retirement vacancies in future after the implementation of the cadre
restructuring because of being at the fag end of the career at the time of
promotion in comparison to the officers belonging to the Customs stream. Thus,
every 13 vacancies occurring in future on account of the retirement of the
Central Excise Superintendents will further be shared by the Customs people and
the practical share of the Central excise officer will be on regular
diminishing which requires to be checked.
11. It is also
worth to mention that the Customs side officer, i.e., Appraiser of 2002 &
Customs Superintendent of 1996 has already entered into group A while the
Central Excise Superintendent of 1992 is still waiting for the same. So, all of the posts at group 'A' JTS level may first
be used for the promotion of the acutely stagnated category of employees, i.e.,
Central Excise Superintendents to give some consolation to them at the
fag end of the career. All of these posts may be utilised only for the Central
Excise Superintendents until 2002 Central Excise Superintendents also enter
into group A.
12. In view of the above, it is requested that-
i) The
Recruitment Rules may kindly be framed in consonance of the paras 7 & 8
above for the sake of “equity, justice & fairness” undoing the injustice,
discrimination & humiliation being faced by Central Excise executive
officers for decades (draft enclosed).
ii) Necessary
amendment may kindly be made in the ongoing imposed recruitment rules in
consonance of pras 9 & 10 above for the period till the recruitment rules
based on the ratio formula remain imposed on us.
iii) Necessary
amendments may also be made in the recruitment rules in consonance of the para
11 above to bring all the group 'B' gazetted executive officers at par in the
matter of promotion.
It is also requested that the Association
may also kindly be given an opportunity to be heard in person at an early date
on the issue to enable it to make the things more clear.
Thanking you,
Yours faithfully,
Encl: As above (draft Recruitment Rules)
(RAVI MALIK),
Secretary General.
Ministry of Finance, Department
of Revenue
G.S.R. (E).— In exercise of the powers conferred by
the proviso to article 309 of the Constitution, the President hereby
makes the following rules, namely
1.
Short title and commencement.-(1) These
rules may be called the Central Excise, Customs andService Tax
Service Rules, 2013.
(2) These will come into force on the date of their
publication in the Official Gazette.
2.
Definitions— In these rules, unless the
context otherwise requires.-
(a)
"appointing authority" in relation to any grade means the authority empowered
under the Central Civil Services (Classification, Control and Appeal) Rules,
1965 to make appointments to that grade;
(b) "appointed day"
means the date on which these rules come into force;
(c) "approved service"
in relation to any grade means;
(i)
in respect of an officer
recruited directly to that grade, period or periods
of regular service rendered in that grade, including
period or periods of absence during which he would have held a
post on regular basis in that grade but for his
being on leave or otherwise not being available
to hold such post, from the first day of July of the year, following
the year in which the examination for direct recruitment was held;
(ii) in respect of an officer recruited to
that grade on the basis of length of service in the lower grade,
period or periods of regular service rendered in
that grade, including period or periods of absence during which he would
have held a post on regular basis in that grade but for his being on
leave or otherwise not being available to hold such post, from the first
day of July of the year for which the recruitment was made:
Provided
that where there is delay of more than ninety days in joining on
appointment, in any of the cases mentioned in the sub clauses (i) and
(ii) above, such delay should not be due to any fault on the part of the officer;
(d)
"authorised strength" in
relation to any grade of the Service means the strength
of duty posts in that grade, as specified in rule 5, against which regular
appointments may be made;
(e)
"cadre' means the group of
posts in the grades ofCommissioner or above, Addl.
Commissioner (Grade-III- NFSG of Junior Administrative Grade),
Joint Commissioner (Grade-IV- Junior Administrative Grade),
Deputy Commissioner (Grade-V-Senior Time Scale), Superintendent
and Inspector of Central Excise, Customs and Service Tax in any of the Central
Excise, Customs and Service Tax Zone specified in
column (2) of the First Schedule and in all the Offices specified against such
Zone in column (3) of that Schedule;
"Cadre-unit" means the
Central Excise, Customs and Service Tax Zone as specified in
column (2) of the First and Second Schedule;
(g)
"Cadre Controlling
Authority" in relation to officers appointed to any grade of
Central Excise, Customs and Service Tax means
the Central Board of Excise and Customs (CBEC) in
the Department of Revenue under the Ministry of Finance;
(h)
"cadre officer" in
relation to any grade means a member of the Central Excise,
Customs and Service Tax Service;
(i)
"Commission" means the Staff
Selection Commission;
(j)
"Common seniority list" in relation to any
grade means the seniority list of officers
of that grade serving in all the cadre
units specified in the First Schedule as on the appointed day and revised annually in accordance with the regulations issued by the
CBEC as per the guidelines issued by the Department of Personnel and Training
(DOPT).
(k) "direct recruit" means a person recruited
on the basis of a competitive examination through
the Staff Selection Commission;
(1) "duty post" in relation to any Grade of the
service means a Cadre post held by officers of the service on a
substantive basis in any post specified in the second
Schedule;
(m)
"grade" means any of
the grades specified in Rule 3.
(n)
"prescribed" means
prescribed by the rules made by the Central Government
under these rules;
(o)
"permanent officer"
means a person who has been confirmed in Service;
(p)
“probationer" means an
officer directly recruited to the Inspector grade;
(q)
"range of seniority" in
relation to any grade means the zone of consideration in
the common seniority listfor that grade
specified by the Central Board of Excise and Customs in the
Department of Revenue under the Ministry of Finance for holding of meeting of
Departmental Promotion Committee (DPC) for promotion and preparation of Select
List in accordance with the guidelines issued by the Department of Personnel
and Training (Ministry of Personnel, Public Grievances and
Pensions).
(r)
“regular officer" in
relation to any grade means a person who has been appointed
against a regular vacancy either through direct recruitment or
through promotion
from Select List and who has completed the period of probation (in the case of
direct recruit) under rule 13 to the
satisfaction of the appointing authority;
(s) "regular
vacancies" in relation to a grade includes vacancies arising out of death,
retirement, promotion, resignation, deputation or transfer or long leave of incumbents;
(t) "Schedule"
means a Schedule to these rules;
(u) "Select
List" in relation to the Commissioner& above, Addl.
Commissioner (Grade III),
Joint Commissioner (Grade IV), Deputy Commissioner (Grade-V), Superintendent
and Inspector means the Select List or Panel prepared in
accordance with the guidelines issued by the DOPT to be followed by the DPC for
promotion to that grade.
(v) "Service"
means the Central Excise,
Customs andService Tax Service;
3.Composition
of the Service.-(1) There shall be six Grades in
the
Service
which are classified into two groups as given below:‑
|
S.No.
|
Group
of
post/grade |
Grade
|
Classification .
|
|
(1)
|
(2)
|
(3)
|
(4)
|
|
1
|
A
|
Above
|
Central
Civil Service Group A
Executive
|
|
2
|
A
|
Commissioner
|
Central
Civil Service Group A
Executive
|
|
3
|
A
|
Additional Commissioner
(Grade-III- NFSG of Junior Administrative Grade)
|
Central
Civil Service Group A
Executive |
|
4
|
A
|
Joint Commissioner (Grade-IV-
Junior Administrative Grade)
|
Central
Civil Service Group A
Executive |
|
5
|
A
|
Deputy Commissioner
(Grade-V-Senior Time Scale)
|
Central
Civil Service Group A
Executive |
|
6
|
A
|
Superintendent
|
Central
Civil Service Group A
Executive (the counterparts of our Inspectors are promoted to group A in IB, CBI etc. and also Hindi/official language wing of CBEC) |
|
7
|
B
|
Inspector
|
Central
Civil Service Group B
Executive |
(2) The posts in theCommissioner& above, Additional
Commissioner, Joint Commissioner, Deputy Commissioner and Superintendent Grade will
be gazetted post and those in the Inspector Grade will be non-gazetted post.
4. . Combined
Gradation List of Officers of the Central Excise, Customs and Service Tax Service.
– (1) Thereshall
be a single combined gradation list called Common Seniority
List for each grade of the Service specified in rule 3.
(2) The Common Seniority List for
each grade of the Service shall be prepared as on 1st January of every year.
5. The authorized cadre strength
of the Service.- (1) The authorized strength
of various Grades of the Service
shall be as specified in Table below:-
Table (on the basis of CR proposal in 2010-11, CSS cadre strength &
DOPT OM No. AB. 14017/48/2010-Estt (RR) dated 31.12.2010) (subject to change as
per cadre restructuring after every 5 years particularly in r/o stagnation)
|
S.No.
|
Name
of the Grade
|
Sanctioned
strength
Existing/
Proposed
|
|
(1)
|
(2)
|
(3)
|
|
1
|
Above
|
1/3rd of 725
|
|
2
|
Commissioner
|
725(1/3rd of 2173)
|
|
3
|
Additional Commissioner
(Grade-III- NFSG of Junior Administrative Grade)
|
2173 (in proportion of DS to Director in CSS)
|
|
4
|
Joint Commissioner (Grade-IV-
Junior Administrative Grade)
|
3358 (1/3rd of 10073)
|
|
5
|
Deputy Commissioner
(Grade-V-Senior Time Scale)
|
Existing 775 (being 50% of AC and DC posts)+new
9298. Total (10073) in proportion of SO to US in CSS
|
|
6
|
Superintendent
|
21585(proposed originally by CBEC as in 2010-11))
|
|
7
|
Inspector
|
31104 (proposed originally by CBEC as in 2010-11))
|
|
TOTAL
|
69260
|
|
Notes: i)
Total posts in the grade of Asstt/Deputy Commissioners are 1550 and so 50% for
promotion comes to 775 only.
ii)
Posts in the corresponding grades under CSS Rules of Assistants grade, SO, US
(Grade-I), Dy. Secretary, Director and even higher grade of Joint Secretary are
4904, 3000, 1400, 340, 220 (raised from 110 on CR in July 2010) and 40 (in-situ
basis on CR in July 2010) respectively
(2) There shall be a Deputation Reserve of twenty
percent, Leave Reserve of three percent and Training Reserve of one percent of
the sanctioned strength of officers of Grade of Deputy Commissioner and above.
(3) The percentage of posts referred to under sub-rule
(2) of this rule shall be in addition
to the sanctioned strength indicated under column (3) of the Table referred to in sub-rule (1) in respect of
posts mentioned against serial number 1 to 5.
(4) The
existing posts of Asstt./ Deputy Commissioner (Group-A JTS/STS) already filled
by promotion under IC&CE Service Rules,1987 shall be reduced from the above
strength and be not filled under these rules till these posts are vacated by
the incumbents.
(5) The posts in the grade of Joint Commissioner to
Commissioner and above shall be included in the strength of Deputy Commissioner
till such time the eligible persons for promotion are not available under these
rules.
(6)The rules will be
implemented first bringing parity in promotions for common entry counterparts
of CBEC, i.e., Inspectors, PO’s & Examiners.
6. The
cadre unit-wise distribution of posts of different grades of the Central Excise,
Customs andService Tax Service cadre mentioned in rule 5 above is given in the Second
Schedule.
7.Initial
Constitution of a Cadre unit.-The regular officers for all
grades of the Service on the day on which a cadre-unit is
initially constituted shall be determined by the Central Government.
8. Posting of cadre officers.-Every
cadre officer shall, unless he is on leave or otherwise not available
for holding a duty post, be posted against a duty post of the appropriate Grade in the cadre unit.
9.
Duty posts to be held by cadre officers.-Every
duty post in the Service shall be held by a cadre officer
of appropriate grade.
10.
Confirmation.- Confirmations
of all Central Excise, Customs andService Tax
Service officers shall be made only once at the
entry level into the Service.
11. Recruitment to Commissioner& above, Senior Selection
Grade, Selection Grade and Grade I.‑
(1)
Regular vacancies in the Grade
above the Commissioner
shall be filled by promotion of regular officers of Commissioner
Grade who have rendered not less than twenty three years
approved service after joining in
Inspector Grade and are included in the Select List or Panel
for the said Grade prepared and published annually as per the procedure
prescribed by the DOPT for holding of DPC meeting for such promotion. The
officer will be promoted to above the Commissioner grade on in-situ basis as
and when he/she completes thirty four & half years of service
after joining in Inspector Grade, if he/she is not promoted to above
the CommissionerGrade within qualifying service.
(2)
Regular vacancies in the Commissioner
Grade shall be filled by promotion
of regular officers of Addl. Commissioner Grade
who have rendered not less than twenty years approved service after joining in Inspector Grade and are
included in the Select List or Panel for the said Grade prepared and published
annually as per the procedure prescribed by the DOPT for holding of DPC meeting
for such promotion. The officer will be promoted to the Commissioner grade on
in-situ basis as and when he/she completes thirty years of service
after joining in Inspector Grade, if he/she is not promoted to the CommissionerGrade within qualifying service. The officer further will automatically be granted the Chief
Commissioner scale after thirty four & half years of service.
(3)
Regular vacancies in the Additional
Commissioner (Grade-III- NFSG of Junior Administrative Grade) Grade
shall be filled by promotion of regular officers of Joint
Commissioner Grade who have rendered not less than seventeen years of approved service after joining in Inspector Grade and are
included in the Select List or Panel for the said Grade prepared and published
annually as per the procedure prescribed by the DOPT for holding of DPC meeting
for such promotion. The officer will be promoted to the Addl. Commissioner
grade on in-situ basis as and when he/she completes twenty five & half
years of service after joining in Inspector Grade, if he/she is not promoted to the Addl. CommissionerGrade within qualifying service.
(4)
Regular vacancies in the Joint
Commissioner (Grade-IV- Junior Administrative Grade) Grade
shall be filled by promotion of regular officers of Deputy
Commissioner Grade who have rendered not less than twelve
years
approved service after joining in
Inspector Grade and are
included in the Select List or Panel for the said Grade prepared and
published annually as per the procedure prescribed by the DOPT for holding of
DPC meeting for such promotion. The officer will be promoted to the Joint
Commissioner grade on in-situ basis as and when he/she completes eighteen years
of service after joining in Inspector Grade, if he/she
is not promoted to the
Joint CommissionerGrade
within qualifying service.
(5)
Regular vacancies inDeputy
Commissioner (Grade-V-Senior Time Scale)Grade
shall be filled by promotion of regular officers of the
Superintendent Grade who have rendered not less than seven years approved
service after joining in Inspector Grade and are included in the
Select List or Panel forthe
saidGrade of the Service prepared and published annually as per the procedure prescribed by the DOPT for
holding of DPC meeting for such promotion. The officer will be promoted to the
Deputy Commissioner grade on in-situ basis as and when he/she completes ten
& half years of service after joining in Inspector Grade, if he/she is not promoted to the Deputy CommissionerGrade within qualifying service.
(6)
Regular vacancies inSuperintendentGrade
shall be filled by promotion of regular officers of the Inspector
Grade who have rendered not less than two years approved service after joining in Inspector Grade and are included in the Select List or Panel for the Superintendent Grade prepared and published annually as per the procedure prescribed by the DOPT for
holding of DPC meeting for such promotion.
12.
Recruitment to the InspectorGrade. –
(a)
Sixty seven per cent of the regular vacancies in the Inspector Grade in the
cadre shall be filled by direct recruitment of graduates as may
be notified by the Central Board of Excise and Customs on
the basis of results of a Competitive Examination held by the Staff Selection
Commission once in a year for this purpose. The remaining thirty three percent
vacancies shall be filled by promotion on the basis of seniority from Senior Tax Assistants of the respective Cadre
units.
(b) The
appointments of the persons whose names have been included in the Select
List shall be made in the order of seniority in that Select List. For the purpose
of this rule a Select List or panel for the Inspector Grade shall be prepared
and published annually as per the procedure
prescribed by the DOPT for holding of DPC meeting for such promotion.
13.
Probation.-(1) Every officer directly
recruited to the Inspector Grade shall initially be
appointed on probation, the period of probation being two years from the date
of appointment.
(2)
The period of probation specified
in sub-rules (1) may, if the appointing authority deems fit, be extended in any
case, but the total period of extension of probation shall not,
save where it is necessary by reason of any departmental
or legal proceedings pending against the officer, exceed one year.
(3)
During probation, a member of the
Service may be required to undergo such training and to qualify
such tests as the Central Board of Excise and Customs may prescribe from time to
time.
14.
Confirmation of probationers.-Until a probationer appointed to Inspector
Grade of the Service has completed his probation in a manner to be determined
by Regulations to the satisfaction of the appointing authority, he shall not be eligible for
confirmation in Service. An officer shall continue to be on probation till he is confirmed under this rule or
is discharged or reverted under rule 15. He/she will automatically be confirmed
as soon as he/she completes the probation period.
15.
Discharge or reversion of probationers.- (1)A probationer who has no lien
on any post under the Central Government or any State Government shall be liable
to be discharged from the Service at any time if on the basis of
his performance or conduct during probation, he is considered unfit for further
retention
in the Service.
(2)
A probationer who holds a lien on a post under the Central Government or any
State Government may be reverted to such post at any time for the reasons specified
in sub-rule (1).
(3)
A probationer who is not
considered suitable for confirmation at the end of the
period of probation specified in sub-rule (1) of rule 13 or at the end of the extended
period of probation, if any, under sub-rule (3) of that rule, shall be discharged
or reverted in accordance with sub-rule (1) or sub-rule (2), as the case may
be.
(4)
A member of the Service on
probation in Inspector Grade who is not considered suitable for
continuance in that Grade during or at the end of the period
of probation specified in sub-rule (2) of rule 13 or the extended period, if any,
under sub-rule (3) of that rule, shall be reverted to the next lower grade of
the Service or to the concerned grade of the Ministerial
Service of the Department, as the case may be, from which he was
appointed on probation to the grade of the Service.
16. Seniority.-(1)
The relative seniority of members of the Service appointed
to any Grade before the appointed day shall be regulated by their relative seniority as
determined before the said date:
Provided
that, if the seniority of any such officer had not been specifically
determined before the said date, it shall be as determined by the Central Board of Excise and Customs as per the guidelines issued by the DOPT.
determined before the said date, it shall be as determined by the Central Board of Excise and Customs as per the guidelines issued by the DOPT.
(2)
The seniority of persons appointed to any Grade after the appointed day shall be determined as
follows, namely: -
I.
Commissioner& above,Additional Commissioner, Joint Commissioner,
Deputy Commissioner and Superintendent
Grade.‑
The inter-se seniority of
officers appointed to the Grade after the appointed day
shall be regulated by the order in which their names are included in the Select
List for the Grade:
II.
Inspector’s Grade.-
(i)
Regular Officers
(a) Direct recruits shall be
ranked inter-se in the order of merit reckoned on the
basis of final ranking obtained in the examination
conducted by the Staff
Selection
Commission, the recruits of an earlier examination
being ranked senior to those of a later examination:
(b) Persons
appointed regularly to a Grade from the Select List for the Grade shall
be ranked inter-se according to the order in which they are so appointed;
(c) The
relative seniority of direct recruits to a Grade and persons regularly appointed
to the Grade from the Select List for the Grade shall be regulated in accordance
with the provisions of Regulations made in this behalf by the CBEC as per the
guidelines issued by the Department of Personnel and
Training.
17. Pay.- The
scales of pay attached to the various Grades of the Service shall be as
follows: -
|
S.No.
|
Name
of the Grade
|
Scale
of Pay
|
|
(1)
|
(2)
|
(3)
|
|
1
|
Above
Commissioner
|
Rs 37400-67000 (PB-4)+Rs 12000 (Grade Pay)
|
|
2
|
Commissioner
|
Rs 37400-67000 (PB-4)+Rs 10000
(Grade Pay)
|
|
3
|
Additional Commissioner
(Grade-III- NFSG of Junior Administrative Grade)
|
Rs 37400-67000 (PB-4)+Rs 8700
(Grade Pay)
|
|
4
|
Joint Commissioner (Grade-IV-
Junior Administrative Grade)
|
Rs 15600-39100 (PB-3) + Rs 7600
(Grade Pay)
|
|
5
|
Deputy Commissioner
(Grade-V-Senior Time Scale)
|
Rs 15600-39100 (PB-3) + Rs 6600
(Grade Pay)
|
|
6
|
Superintendent
|
Rs 15600-39100 (PB-3) + Rs 5400
(Grade Pay) (our counterparts of CB, IB etc. have already been placed in this
scale)
|
|
7
|
Inspector
|
Rs 9300-34800 (PB-2) + Rs 4600
(Grade Pay)
|
Note: The non-functional pay scale of Rs 15600-39100
(PB-3) +Rs6600 (Grade Pay) is admissible to the
Superintendent grade of the Service on completion of 4
years of approved service in that grade. The Superintendents, who are granted
this non-functional pay scale will continue to remain in Superintendent cadre and
their eligibility for promotion to the Deputy Commissioner Grade of the
Service will be reckoned on the basis of total period, spent in both the scales
of Superintendent, counted together.
18. Regulation of Pay.- (1) The pay and
increments of officers of the various
Grades shall be regulated inaccordance
with the Rules relating to pay of Central Civil Services.
19.
Inter-cadre transfers.--The Central Board of Excise and
Customs shall be the competent authority to transfer a cadre
officer of any Grade from one cadre unit to another in accordance
with the guidelines framed in this regard.
20.
Constitution
of new cadre units.-(1) The CBEC shall
be the competent authority to amend, modify, merge and create additional cadreunits as given in the First Schedule.
(2)
The authorised strength and the regular officers in each Grade in any new cadre
unit initially constituted under sub-rule (1) shall be as determined by the CBEC.
(3) After a new cadre unit has
been constituted under sub-rule (1) and its initial
constitution determined under sub-rule (2), all the other provisions of these rules shall apply to such
cadre unit.
21.
Regulations.-The
CBEC may make regulations, not inconsistent with these rules, to
provide for all matters for which provision is necessary or expedient, for the
purpose of giving effect to these rules.
22. Residuary matters.-In
regard to matters not specifically covered by these
rules or by regulations or orders made or issued there under, or by special orders,
the members of the Service shall be governed by the rules, regulations and orders applicable to the
Central Civil Services in general.
23.
Power to relax. - Where the Central Government is
satisfied that the operation
of any of these rules causes undue hardshipin
any class or category of persons
or posts,itmaydispense with or relax the requirement of the
rule to such extent and subject to
such conditions, as it may consider necessary.
24.
Repeal and savings.-The Recruitment
Rules,as amendedfrom
time to time, in force before the commencement of these
rules in respect of the grades referred to in these Rulesare hereby repealed or
deemed to be amended subject to any notification, rule, regulation, order or notice issued, orany appointment or declaration made, or exemption granted or any penalty or fine imposed or any other thing done or any other action taken under
the previousrules or regulations and
in force immediately before such commencement shall sofar
as it is notinconsistent with
the provisions of these rules, be
deemed to have beenissued, made, granted, done or taken under the corresponding
provisions of these rules.
25. Reservations.-Nothingin these rules shall affect
reservations, relaxation and
other concessions required to beprovided for the Scheduled
Castes and the Scheduled Tribes and other
special categories
of persons in accordance with the orders issued by the Central Governmentfrom time to time in this regard.
26.
Interpretation.- Whereany
doubt arises as to the interpretation of any of the provisions of these rules, or the regulations
made there under, the matter shall be
referred to the CBEC who will decide the matter in consultation with the DOPT.
First Schedule
(See Rule 2(e), 2(f) and 20)
Names of Central Excise and Customs
Zones and Commissionerates where the Central Excise and Customs Service Rules,
2013 apply (subject to change as per reorganization under cadre restructuring
after every 5 years)
|
S.
No.
|
Names
of Cadre Units
|
Names
of participating Zones, Commissionerates
|
|
(1)
|
(2)
|
(3)
|
|
1.
|
Chief Commissioner of C.Ex. Zone, Lucknow
|
C.Ex.
Commissionerates, Allahabad, Lucknow, Kanpur, Customs (Preventive)
Commissionerate, Lucknow (within C. Ex. Zone LKO), C.Ex. Commissionerates,
Meerut-I, Meerut-II, Ghaziabad and Noida (within C.Ex. Zone Meerut), Offices
of the CC of the Zones and Commissioner (Appeals) in the Zones.
|
|
2.
|
Chief
Commissioner C.Ex.Zone, Ranchi
|
C.Ex.
Commissionerates, Ranchi, Jamshedpur and Patna. Offices of the Chief Commissioner of the
Zones and Commissioner (Appeals) in the Zones.
|
|
3.
|
Chief
Commissioner C.Ex.Zone, Mumbai- I
|
C.Ex.
Commissionerates, Mumbai-I, Mumbai-IV, Mumbai-V, Thane-I and Thane-II (within
C. Ex. Zone Mumbai-I), C.Ex. Commissionerates, Mumbai-II, Mumbai-III, Belapur
and Raigad (within C.Ex. Zone Mumbai-II), C.Ex. Commissionerates, Pune-I,
Pune-II, Pune-III, Goa, Customs Commissionerate, Pune ( within C. Ex. Zone,
Pune), C.Ex. Commissionerates, Nagpur, Nasik and Aurangabad (within C.Ex.
Zone Nagpur), Chief Commissioner of Customs Zone, Mumbai-I and II, Offices of
the CCO of the Zones and Commissioner (Appeals) in the Zones.
|
|
4.
|
Chief
Commissioner C.Ex.Zone, Bangalore
|
C.Ex.
Commissionerates, Bangalore-I, Bangalore-II and Bangalore-III (within C.Ex.
Zone Bangalore), C.Ex. Commissionerates, Belgaum, Mangalore and Mysore
(within C.Ex. Zone Mangalore), Customs Commissionerates, Bangalore,
Mangalore, Offices of the CC of the
Zones and Commissioner (Appeals) in the Zones
|
|
5.
|
Chief
Commissioner C.Ex.Zone, Cochin
|
C.Ex.
Commissionerates, Cochin, C.Ex. and Customs Commissionerates, Calicut and
Thiruvananthapuram, Cochin Customs and Cochin Customs (Preventive)
Commissionerates, Offices of the CC of the Zones and Commissioner (Appeals)
in the Zones
|
|
6.
|
Chief
Commissioner C.Ex.Zone, Delhi
|
C.Ex.
Commissionerates, Delhi-I, II, III, IV, Panchkula and Rohtak, Customs
(Preventive) Commissionerates, Delhi, Amritsar, Jodhpur and J and K (within
the Customs, Preventive Zone, Delhi), Offices of the CCO of the Zones and
Commissioner (Appeals) in the Zones
|
|
7.
|
Chief
Commissioner C.Ex.Zone, Chandigarh
|
C.Ex.
Commissionerates, Chandigarh, Jalandhar, Ludhiana, J and K, Customs (Preventive), Amritsar, Offices of
the CC of the Zones and Commissioner (Appeals) in the Zones
|
|
8.
|
Chief
Commissioner C.Ex.Zone, Chennai
|
C.Ex.
Commissionerates, Chennai-I, II, III, IV (within C.Ex. Zone Chennai), C.Ex.
Commissionerates, Coimbatore, Madurai, Salem, Thirunelveli and Trichy (within
C.Ex. Zone Coimbatore), Customs Commissionerates, Tuticorin, Trichy ( within
Customs (Preventive) Zone, Chennai), Chief Commissioner of Customs Zone,
Chennai, Offices of the CC of the Zones and Commissioner (Appeals) in the
Zones
|
|
9.
|
Chief
Commissioner C.Ex.Zone, Jaipur
|
C.Ex.
Commissionerates, Jaipur-I and II, Offices of the CC of the Zones and
Commissioner (Appeals) in the Zones
|
|
10.
|
Chief
Commissioner C.Ex.Zone, Bhopal
|
C.Ex.
Commissionerates, Bhopal, Indore, and Raipur, Offices of the CC of the Zones
and Commissioner (Appeals) in the Zones
|
|
11.
|
Chief
Commissioner C.Ex.Zone, Hyderabad
|
C.Ex.
Commissionerates, Hyderabad-I, II, III, IV; C.Ex. Zone, Vishakhapatnam,
Offices of the CC of the Zones and Commissioner (Appeals) in the Zones
|
|
12.
|
Chief
Commissioner C.Ex.Zone, Kolkata
|
C.Ex.
Commissionerates, Kolkata-I, II, III, IV, V, VI, VII, Haldia, Bolpur,
Siliguri, Customs Zone Kolkata, Offices of the CC of the Zones and
Commissioner (Appeals) in the Zones
|
|
13.
|
Chief
Commissioner C.Ex.Zone, Shillong
|
C.Ex.
Commissionerates, Dibrugarh, Shillong, Customs (Preventive), Shillong,
Offices of the CC of the Zones and Commissioner (Appeals) in the Zones
|
|
14.
|
C.Ex.Zone,
Bhubaneshwar
|
C.Ex.
Commissionerates, Bhubaneshwar-I and II, Offices of the CC of the Zones and
Commissioner (Appeals) in the Zones
|
|
15.
|
Chief
Commissioner C.Ex.Zone, Ahmedabad
|
C.Ex.
Commissionerates, Ahemdabad-I, II, III, Bhavnagar, Rajkot; Customs Zone,
Ahmedabad, Offices of the CC of the Zones and Commissioner (Appeals) in the
Zones
|
|
16.
|
Chief
Commissioner Customs Zone, Mumbai
|
Mumbai
Customs Sea ports and Airports
|
|
17.
|
Chief
Commissioner Customs Zone, Kolkata
|
Kolkata
Customs Sea ports and Airports
|
|
18.
|
Chief
Commissioner Customs Zone, Chennai
|
Chennai
Customs Sea ports and Airports
|
|
19.
|
Chief
Commissioner Customs Zone, Mumbai
|
Mumbai
Customs Sea ports and Airports
|
|
20.
|
Chief
Commissioner Customs Zone, Kolkata
|
Kolkata
Customs Sea ports and Airports
|
|
21.
|
Chief
Commissioner Customs Zone, Chennai
|
Chennai
Customs Sea ports and Airports
|
Second Schedule
(See Rule 6)
Sanctioned
Strength of various grades of Central Excise and Customs Service (as per
reorganization and to be reviewed after every 5 years under cadre restructuring
in relation of stagnation vs functional requirement)
|
S.
No.
|
Names
of Cadre Units
|
Sanctioned Strength
|
Remarks
|
||||
|
|
|
Inspector
|
Superintendent
|
Dy. Commissioner
|
Joint Commissioner
|
Addl Commissioner
|
|
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(6)
|
(7)
|
|
1.
|
Chief Commissioner of C.Ex. Zone, Lucknow
|
|
|
To
be determined and allocated among cadre units as per Rule 5
|
To
be determined and allocated among cadre units as per Rule 5
|
To
be determined and allocated among cadre units as per Rule 5
|
Includes
Lucknow Customs (Prev)
|
|
2.
|
Chief
Commissioner C.Ex.Zone, Ranchi
|
|
|
As
above
|
As
above
|
As
above
|
Includes
Patna Customs (Prev)
|
|
3.
|
Chief
Commissioner C.Ex.Zone, Mumbai- I
|
|
|
As
above
|
As
above
|
As
above
|
Includes
Customs formations
|
|
4.
|
Chief
Commissioner C.Ex.Zone, Bangalore
|
|
|
As
above
|
As
above
|
As
above
|
Includes
Customs formations
|
|
5.
|
Chief
Commissioner C.Ex.Zone, Cochin
|
|
|
As
above
|
As
above
|
As
above
|
Includes
Customs formations
|
|
6.
|
Chief
Commissioner C.Ex.Zone, Delhi
|
|
|
As
above
|
As
above
|
As
above
|
Includes
Customs formations
|
|
7.
|
Chief
Commissioner C.Ex.Zone, Chandigarh
|
|
|
As
above
|
As
above
|
As
above
|
Performing
Customs work also
|
|
8.
|
Chief
Commissioner C.Ex.Zone, Chennai
|
|
|
As
above
|
As
above
|
As
above
|
Includes
Customs formations
|
|
9.
|
Chief
Commissioner C.Ex.Zone, Jaipur
|
|
|
As
above
|
As
above
|
As
above
|
Performing
Customs work also
|
|
10.
|
Chief
Commissioner C.Ex.Zone, Bhopal
|
|
|
As
above
|
As
above
|
As
above
|
Performing
Customs work also
|
|
11.
|
Chief
Commissioner C.Ex.Zone, Hyderabad
|
|
|
As
above
|
As
above
|
As
above
|
Includes
Customs formations
|
|
12.
|
Chief
Commissioner C.Ex.Zone, Kolkata
|
|
|
As
above
|
As
above
|
As
above
|
Includes
Customs formations
|
|
13.
|
Chief
Commissioner C.Ex.Zone, Shillong
|
|
|
As
above
|
As
above
|
As
above
|
Performing
Customs work also
|
|
14.
|
C.Ex.Zone,
Bhubaneshwar
|
|
|
As
above
|
As
above
|
As
above
|
performing
Customs work also
|
|
15.
|
Chief
Commissioner C.Ex.Zone, Ahmedabad
|
|
|
As
above
|
As
above
|
As
above
|
Includes
Customs formations
|
|
16.
|
Chief
Commissioner Customs Zone, Mumbai
|
|
|
As
above
|
As
above
|
As
above
|
|
|
17.
|
Chief
Commissioner Customs Zone, Kolkata
|
|
|
As
above
|
As
above
|
As
above
|
|
|
18.
|
Chief
Commissioner Customs Zone, Chennai
|
|
|
As
above
|
As
above
|
As
above
|
|
|
19.
|
Chief
Commissioner Customs Zone, Mumbai
|
|
|
As
above
|
As
above
|
As
above
|
|
|
20.
|
Chief
Commissioner Customs Zone, Kolkata
|
|
|
As
above
|
As
above
|
As
above
|
|
|
21.
|
Chief
Commissioner Customs Zone, Chennai
|
|
|
As
above
|
As
above
|
As
above
|
|
|
|
Total
(C)
|
|
|
As
above
|
As
above
|
As
above
|
|
|
|
Grand
Total
|
|
|
|
|
|
|
